Journal article
Wright v Berger: Can the Court Grant Shared Care of a Companion Animal under the 2025 Family Law Act Amendments?
The University of New South Wales Law Journal Forum, Vol.2026(8), pp.1-10
28/09/2026
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Abstract
Companion animals play an important role in Australian households. Consequently, when couples separate, ownership is often in dispute. Prior to 2025, when separated couples asked a family court to determine ownership, courts were limited by a lack of specific jurisdiction. Pets were not mentioned in the Family Law Act 1975 (Cth) (‘Family Law Act’). Companion animals were merely viewed as personal property and a common approach by the courts was to consider them as part of a property adjustment, using the same indicia as for other personal property. In 2025, the Family Law Act was amended with the aim of clarifying and codifying property disputes between separated married and de facto couples. The 2025 amendments recognised that companion animals have a special relationship with humans; in particular, they are often a significant emotional support for victims of domestic and family violence and, because of this, are often targeted by perpetrators of coercive control. Companion animals are now prescribed under the Family Law Act as a specific type of property to which a set of considerations are to be taken into account by a court when determining what order, if any, should be made in respect of their ownership. Family violence is now a relevant consideration. The 2025 amendments provide three options in relation to ownership of companion animals: owned by one party, transferred to a third person, or sold. In Wright v Berger [2025] FedCFamC2F 1315, the extent of court discretion in relation to companion animal ownership was tested. The Court confirmed that under the current Family Law Act, shared care of a companion animal cannot be ordered. The new provisions give finality to the parties, disallowing any ongoing control and surveillance by a perpetrator of family violence.
Details
- Title
- Wright v Berger: Can the Court Grant Shared Care of a Companion Animal under the 2025 Family Law Act Amendments?
- Creators
- Meri Oakwood - Southern Cross University
- Publication Details
- The University of New South Wales Law Journal Forum, Vol.2026(8), pp.1-10
- Publisher
- University of New South Wales
- Identifiers
- 991013403425002368
- Academic Unit
- Faculty of Business, Law and Arts; Law
- Language
- English
- Resource Type
- Journal article